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Title VII – General Regulations
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TITLE VII: GENERAL REGULATIONS
Chapter
70. ANIMAL CONTROL
71. FAIR HOUSING
72. FIRE PREVENTION
73. HEALTH AND SANITATION
74. NUISANCES
75. JUNKED AND ABANDONED PROPERTY
76. PARKS AND RECREATION
77. STREET NAMES, NUMBERING, AND SIGNAGE
78. HEALTH AND SAFETY
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Title VII – General Regulations 2
CHAPTER 70: ANIMAL CONTROL
Section
Animals Running At Large
70.01 Definitions
70.02 Animals running astray declared a nuisance
70.03 Animals running astray prohibited
70.04 Penalty for violation
Dogs
70.10 Barking dogs
70.11 Maximum number
Rabies Control
70.20 Reporting of suspected rabies
70.21 Authority to quarantine
70.22 Animals subject to quarantine for biting
70.23 Disposition of animals exposed to rabies
Livestock, Swine, and Fowl
70.30 Minimum lot size
70.31 Maintenance of premises
70.32 Location of buildings
70.33 Keeping of swine prohibited
70.34 Keeping of fowl prohibited
Wild and Exotic Animals and Poisonous Reptiles
70.40 Keeping wild and exotic animals and poisonous reptiles
prohibited
Animals Running At Large1
§ 70.01 Definitions
When used in this chapter the following words and terms shall be
interpreted as follows, unless
the context indicates a different meaning:
Animal means any warm blooded vertebrate creature, domestic or
wild, excluding the human
species.
1 State law reference - Authority of city to prohibit or
regulate animals running at large, V.T.C.A., Local
Government Code, § 215.026(b).
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Astray or Stray means any animal running free or otherwise
without physical or other restrain
whether on or off the premises of its owner.
Dog means a domesticated member of the family canidae but shall
not include a wolf, jackal,
fox, or other wild animal of this family.
Owner means any person, corporation, partnership, trust, or
association, or other entity owning,
keeping, or harboring an animal or who has possession or control
or has the responsibility to
control an animal.
Person means any person, corporation, partnership, trust,
association, or other legal entity.
Restraint. Except as otherwise provided, an animal shall be
deemed to be restrained when it is:
General Regulations
(1) Confined on the premises of the owner within a fence or
enclosure; or
(2) Fastened or picketed by a lead, rope, or chain so as to keep
the animal on the premises of the
owner; or
(3) Under the control of a person by means of a harness, leash,
chain, or similar device attended
by a person of sufficient strength when the animal is on a
public street, right-of-way, or any
property other than that owned by the owner such that the animal
shall be prevented from
running at large; or
(4) On or within a vehicle being driven or parked if the owner
is present to control the animal
from jumping or falling out; or
(5) At heel beside or otherwise controlled by a person competent
to restrain the animal by
command. Such person shall have the aforementioned control of
the animal at any time that said
animal is upon the personal property of the owner of person
authorized to control the animal.
Wild animal means any species of animal that commonly exists in
a natural, unconfined state and
is usually not domesticated.
§ 70.02 Animals Running Astray Declared a Nuisance
All dogs, livestock, fowl, or dangerous wild animals running
astray within the City limits of the
City of Overton or within five thousand (5,000) feet thereof are
hereby declared a public
nuisance.
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§ 70.03 Animals Running Astray Prohibited
It is unlawful for any person, without regard to mental state,
to suffer or permit any animal to run
astray within the City limits or within five thousand (5,000)
feet thereof.
§ 70.04 Penalty for Violation
Any owner of an animal whose actions are in violation of this
chapter shall be fined by the
municipal court and shall be deemed guilty of a Class C
misdemeanor and punished by a fine not
to exceed five hundred dollars ($500.00) for each subsequent
offense.
(Ordinance adopting Revised Code of Ordinances, passed March 13,
2001)
Dogs2
§ 70.10 Barking Dogs
No person shall willfully or knowingly keep or permit any dog on
his premises or in or about his
premises that barks or howls repeatedly in such a manner as to
disturb the peace and quiet of the
neighborhood or the occupants of adjacent premises. A person
shall be deemed to have willfully
and knowingly violated the terms of this section if such person
shall have been notified by the
animal control officer or any law enforcement officer of any
such disturbance and shall have
refused, for a period of twenty four (24) hours, to correct such
disturbance and prevent its
reoccurrence.
§ 70.11 Maximum Number
(A) No person shall keep more than three (3) dogs over the age
of six (6) months at one location.
Keeping of more than three (3) dogs at one location shall be
considered as maintaining a kennel
and all regulations relating to maintaining a kennel shall be
relevant.
(Ordinance adopting Revised Code of Ordinances, passed March 13,
2001)
(B) A kennel may only be operated in a commercially owned
area.
Rabies Control3
§ 70.20 Reporting Of Suspected Rabies
Any person having knowledge of the existence of any animal known
to have been, or suspected
of being, exposed to rabies or having knowledge of an animal
bite or scratch to an individual that
2 State law references - Authority to regulate the registration
and restraint of dogs is found in V.T.C.A., Health &
Safety Code, Chapter 822, Subchapters A and B; authority to
regulate keeping of vicious dogs is found in V.T.C.A.,
Penal Code, § 42.12; authority to destroy vicious dogs is found
in Vernon's Ann.C.C.P., Art. 18.182.
3 State law reference - Authority of City to adopt standards for
the prevention of rabies, V.T.C.A., Health & Safety
Code, Chapter 826.
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the person could reasonably foresee as capable of transmitting
rabies must immediately report
such knowledge or incident to the animal control officer, City
health authority or any police
officer, and in no case longer than twenty-four (24) hours from
the time of the incident.
§ 70.21 Authority to Quarantine
The animal control officer, any police officer, or the City
health authority shall have the authority
to order the quarantine of animals responsible for bite
incidents or suspected of having any
zoonotic disease considered to be a hazard to human population
or other animals.
§ 70.22 Animals Subject To Quarantine for Biting
(a) When a dog or cat which has bitten or scratched a human or
attacks another animal has been
identified, the owner shall be required to produce the animal
for ten (10) days confinement to
determine whether such dog or cat has been exposed to rabies.
Any unclaimed animal may be
destroyed for rabies diagnosis prior to the end of this
observation period. The dog or cat may be
released from quarantine if a veterinarian determines that the
animal does not show the clinical
signs of rabies, provided the owner has paid all reasonable
costs associated with the quarantining.
Refusal to produce such animal is a misdemeanor and each day of
such refusal constitutes a
separate and individual violation. Quarantine must be at an
approved vet at owner’s expense.
Written notification must be received by the vet.
(b) No animal which has a high probability of transmitting
rabies, including skunks, bats, foxes
and raccoons, will be placed in quarantine for observation. All
such animals involved in biting
incidents will be humanely killed in such a manner that the
brain is not mutilated. The brain shall
be submitted to a laboratory certified by the Texas Department
of Health for rabies diagnosis.
(c) The City health authority may require an animal which has
inflicted multiple bite wounds,
punctures, or lacerations to the face, head, or neck of a person
to be humanely killed and the
brain tested for rabies.
§ 70.23 Disposition of Animals Exposed To Rabies
(a) Domestic animals
Vaccinated animals which have been bitten or otherwise
significantly exposed to a rabid animal
should be humanely destroyed or if sufficient justification for
preserving the animal exists, the
exposed vaccinated animal should be immediately given a booster
rabies vaccination and placed
in strict isolation for forty-five (45) days. Unvaccinated
animals shall be immediately given a
rabies vaccination and placed in strict isolation for ninety
(90) days and given booster
vaccinations during the third and eighth weeks of isolation. If
the unvaccinated animal is under
three (3) months of age at the time of the second vaccination,
an additional booster should be
given when the animal reaches three (3) months of age.
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If a veterinarian determines that a quarantined animal does not
show the clinical signs of rabies,
it may be released to the owner prior to or upon expiration of
the quarantine period, provided the
owner has paid all of the reasonable costs of such quarantine
and any veterinarian bills. However,
if the quarantined animal shows the clinical sign of the disease
of rabies, the animal shall be
humanely destroyed and its head or brain submitted to the
nearest laboratory certified by the
Texas Department of Health for rabies diagnosis.
(b) Wild or exotic animals
No wild or exotic animal will be placed in quarantine. All wild
or exotic animals will be
humanely destroyed in such a manner that the brain is not
mutilated. The brain will then be
submitted to a laboratory certified for rabies diagnosis in
order to be tested.
(c) Quarantining facilities
Any animal to be placed in quarantine must be placed in an
animal control facility approved by
the Texas Department of Health as directed by the animal was not
a stray at the time of the bite
incident.
If the biting animal cannot be maintained in secure quarantine,
it shall be humanely destroyed
and the brain submitted to a laboratory certified by the Texas
Department of Health for rabies
diagnosis.
Livestock, Swine, and Fowl
§ 70.30 Minimum Lot Size
(A) No horse, cow, goat, sheep, or other livestock, except
horses, may be kept on a tract of less
than two (2) acres in size. The ratio of animals to acreage
shall be no greater than one (1) animal
to each two (2) acres over the two (2) acre minimum.
(b) This provision shall not apply to a student harboring such
animals for a school sponsored
event, or club such as 4-H. In this event, the animals may be
harbored for a period not to exceed
six (6) months. After six (6) months, a permit must be obtained
from the City.
§ 70.31 Maintenance of Premises
All barns, sheds, and enclosures in which livestock is kept
shall be maintained in a sanitary
manner.
§ 70.32 Location of Buildings
No barn, shed, or building in which livestock are kept shall be
located within one hundred (100)
feet of a residential structure.
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§ 70.33 Keeping Swine Prohibited
It shall be unlawful for any person, firm, corporation, or
entity to keep any swine within the City
limits.
§ 70.34 Keeping Fowl Prohibited4
It shall be unlawful for any person, firm, corporation, or
entity to keep any fowl within one
hundred feet (100') distance from any residence.
(Ordinance adopting Revised Code of Ordinances, passed March 13,
2001)
Wild and Exotic Animals and Poisonous Reptiles
§ 70.40 Keeping Wild and Exotic Animals and Poisonous Reptiles
Prohibited
It shall be unlawful to harbor, keep, or maintain any wild or
exotic animals or poisonous reptiles
within the City.
§ 70.41
Any animal referenced within this chapter that is picked up by
the City shall subject the owner to
a fine not to exceed $10.00/day for up to three (3) days. This
fine must be paid before the animal
is released.
4 State law reference -- Authority of City to prohibit swine,
V.T.C.A., Local Government Code, § 215.026(b).
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CHAPTER 71: FAIR HOUSING
Section
71.01 Definitions
71.02 Interpretation and effect
71.03 Discrimination in the sale of housing
71.04 Discrimination in the financing of housing
71.05 Discrimination in the provision of brokerage services
71.06 Exemptions and exclusions
71.07 Fair housing administrator
71.08 Complaints
71.09 Investigation
71.10 Cumulative legal effect
71.11 Unlawful intimidation
71.12 Cooperation with the Secretary of Housing and Urban
Development
71.13 Education and public information
71.14 Penalty
§ 71.01 Definitions
For the purpose of this section, the following terms, phrases,
words and their derivations shall
have the meanings given herein. When not inconsistent with the
context, words so used in the
present tense include the future; words in the masculine gender
include the feminine; words in
the plural number include the singular, and words in the
singular number include the plural.
(a) "Discriminatory housing practice" means an act that is
unlawful under Sections 3, 4, or 5 of
this chapter.
(b) “Age” means the calendar age of an individual eighteen (18)
years of age or over.
(c) "Creed" means any set of principles, rules, opinions and
precepts formally expressed and
seriously adhered to or maintained by a person.
(d) "Dwelling" means any building, structure or portion thereof
which is occupied as, or designed
and intended for occupancy as, a residence by one or more
families or any vacant land which is
offered for sale or lease for the construction or location
thereon of any such building, structure or
portion thereof.
(e) "Family" includes a single individual or a group of
individuals living together under one
common roof.
(f) "Major life activities" means functions such as, but not
limited to, caring for one's self,
performing manual tasks, walking, seeing, hearing, speaking,
breathing, learning and working.
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(g) "Marital status" means an individual's status as a single,
married, divorced, widowed or
separated person.
(h) "Parenthood" means a person's status as a parent or legal
guardian of a child or children under
the age of eighteen (18).
(i) "Person" includes one or more individuals, corporations,
partnerships, associations, labor
organizations, legal representatives, mutual companies, joint
stock companies, trusts,
unincorporated organizations, trustees, fiduciaries, and any
other organization or entity of
whatever character.
j) "Physical or mental disability" means any physical or mental
impairment which substantially
limits one or more major life activities. "Physical or mental
impairment" shall include:
(1) Any physiological disorder or condition, cosmetic
disfigurement or anatomical loss affecting
one or more of the following body systems: neurological;
musculo-skeletal; special sense organs;
respiratory, including speech organs; cardiovascular;
reproductive; digestive; genitourinary;
hemic and lymphatic; skin; and endocrine; or,
(2) Any mental or psychological disorder, such as mental
retardation, organic brain syndrome,
emotional or mental illness, and specific learning
disabilities.
(k) "To rent” includes to lease, to sublease, to let, and
otherwise to grant for a consideration the
right to occupy premises not owned by the occupant.
(l) "Senior adult" means a person fifty-five (55) years of age
or older.
§ 71.02 Interpretation And Effect
This chapter shall in no way be interpreted as creating a
judicial right or remedy which is the
same or substantially equivalent to the remedies provided under
Title Vill of the Civil Rights Act
of 1968, as amended, or the Federal Equal Credit Opportunity Act
(15 U.S.C. 1691). All
aggrieved parties shall retain the rights granted to them by
Title Vill of the Civil Rights Act of
1968, as amended, and the Federal Equal Credit Opportunity Act.
In construing this chapter, it is
the intent of the City Council that the courts shall be guided
by Federal Court interpretations of
Title Vill of the Civil Rights Act of 1968, as amended, and the
Federal Equal Credit Opportunity
Act, where appropriate.
§ 71.03 Discrimination in the Sale of Housing
Except as exempted by § 71.06, it shall be unlawful for any
person to:
(a) Refuse to sell or rent, after the making of a bona fide
offer, or to refuse to negotiate for the
sale or rental of, or otherwise make unavailable or deny, a
dwelling to any person because of
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race, color, creed, sex, religion or national origin, physical
or mental disability, marital status,
parenthood or age.
(b) Discriminate against any person in the terms, conditions, or
privileges of sale or rental of a
dwelling, or in the provision of services or facilities in
connection therewith, because of race,
color, creed, sex, religion or national origin, physical or
mental disability, marital status,
parenthood or age.
(c) Make, print, publish, or cause to be made, printed or
published any notice, statement or
advertisement regarding the sale or rental of a dwelling that
indicates any preference, limitation
or discrimination based on race, color, creed, sex, religion or
national origin, physical or mental
disability, marital status, parenthood or age, or any intention
to make any such preference,
limitation or discrimination;
(d) Represent to any person because of race, color, creed, sex,
religion or national origin, physical
or mental disability, marital status, parenthood or age that any
dwelling is not available for
inspection, sale or rental when such dwelling is in fact so
available;
(e) For profit or with the hope or expectation of profit, induce
or attempt to induce any person to
sell or rent any dwelling by representations regarding the entry
or prospective entry into the
neighborhood of a person or persons of a particular race, color,
creed, sex, religion or national
origin, physical or mental disability, marital status,
parenthood or age; and,
(f) For profit or with the hope or expectations of profit to
influence or attempt to influence, by
any words, acts, or failure to act, any seller, purchaser,
landlord or tenant of a dwelling so as to
promote the maintenance of racially segregated housing or so as
to retard, obstruct, or discourage
racially integrated housing.
§ 71.04 Discrimination in the Financing of Housing
It shall be unlawful for any bank, building and loan
association, insurance company or other
corporation, association, firm or enterprise whose business
consists in whole or in part of the
making of commercial or residential real estate loans, to deny a
loan or other financial assistance
to a person applying therefore for the purpose of purchasing,
constructing, improving, repairing
or maintaining a dwelling, or to discriminate against any such
person in the fixing of the amount,
interest rate, brokerage points, duration, or other terms or
conditions of such loan or their
financial assistance, because of:
(a) The race, color, creed, sex, religion or national origin,
physical or mental disability, marital
status, parenthood or age of such person or of any person
associated with him in connection with
such loan or other financial assistance; or,
(b) The race, color, creed, sex, religion or national origin,
physical or mental disability, marital
status, parenthood or age of the present or prospective owner,
lessees, tenants, or occupants of
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the dwelling or dwellings for which such a loan or other
financial assistance is to be made or
given.
§ 71.05 Discrimination in the Provision of Brokerage
Services
It shall be unlawful for any person to deny access to or
membership or participation in any
multiple listing service, real estate brokers' organization or
other service, organization or facility
relating to the business of selling or renting dwellings, or to
discriminate in the terms or
conditions of such access, membership or participation, on
account of race, color, creed, sex,
religion or national origin, physical or mental disability,
marital status, parenthood or age.
§ 71.06 Exemptions and Exclusions
(a) There shall be exempted from the application of Section 3
hereof all transactions involving:
(1) The rental of units in dwellings containing living quarters
occupied or intended to be
occupied by no more than four families living independently of
each other if the owner actually
maintains and occupies one of such units as his residence.
(2) The rental of a single room in a dwelling containing living
quarters occupied or intended to
be occupied by no more than one family if the person offering
such room for rental actually
maintains and occupies the remainder of such dwelling as his
residence and not more than four
such rooms are offered.
(3) The sale or rental of any single house by a private
individual who owns such house provided
that:
(i) The sale or rental is made without the use in any manner of
the sales or rental facilities
or the sales or rental services of any real estate broker, agent
or salesman, or of such facilities or
services of any person in the business of selling or renting
dwellings or of any employee or agent
of any such broker, agent, salesman, or person; and
(ii) The sale is made without the publication, posting or
mailing of any advertisement or
written notice in violation of this chapter (this shall not
prohibit the use of attorneys, escrow
agents, abstractors, title companies, and other such
professional assistance as necessary to perfect
or transfer the title); and
(iii) The owner does not own more than three single family
houses at the time of the sale;
and,
(iv) The owner does not own any interest in, nor is there owned
or reserved on his behalf,
under any express or voluntary agreement, title to or any right
to all or any portion of the
proceeds from the sale or rental or more than three such single
family houses at any one time.
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(v) If the owner does not reside in the house at the time of
sale or was not the most recent
resident of such house prior to the sale, the exemption granted
by this subsection shall apply only
with respect to one such sale within any twenty-four month
period.
(b) Nothing in this chapter shall prohibit a religious
organization, association, or society or any
non-profit institution or organization operated, supervised, or
controlled by or in conjunction
with a religious association, or society from limiting the sale,
rental, or occupancy of dwellings
which it owns or operates for other than a commercial purpose to
persons of the same religion, or
from giving preference to such persons, unless membership in
such religion is restricted on
account of race, color, national origin, sex, mental or physical
disability, marital status,
parenthood or age.
(c) Nothing in this chapter shall prohibit a bona fide private
club, not in fact open to the public,
which as an incident to its primary purpose provides lodging
which it owns or operates for other
than a commercial purpose from limiting the rental or occupancy
of such lodgings to its members
or from giving preference to its members.
(d) Nothing in this chapter shall bar any person from owning and
operating a housing
accommodation in which a room or rooms are leased, subleased or
rented only to persons of the
same sex, when such housing accommodation contains common
lavatory, kitchen or similar
facilities available for the use of all persons occupying such
housing accommodation.
(e) Nothing in this chapter shall prohibit the sale, rental,
lease or occupancy of any dwelling
designed and operated exclusively for senior adults and their
spouses, unless the sale, rental,
lease or occupancy is further restricted on account of race,
color, creed, religion, sex, national
origin, physical or mental handicap and marital status.
(f) Nothing in this chapter shall bar a person who owns,
operates or controls rental dwellings,
whether located on the same property or on one or more
contiguous parcels of property, from
reserving any grouping of dwellings for the rental or lease to
tenants with a minor child or
children; provided however, in the event that said reserved area
is completely leased or rented,
the person owning, operating or controlling said rental dwelling
may not refuse to rent or lease
any other available dwelling to the prospective tenant on the
basis of the tenant's status as parent
or any other of the protected classifications set forth in this
chapter.
§ 71.07 Fair Housing Administrator
The Mayor shall appoint and the City Council shall confirm a
Fair Housing Administrator
(hereinafter referred to as "Administrator”), who shall have the
responsibility for implementing
this chapter. The Administrator may delegate his-authority to
investigate and conciliate
complaints to other City employees under his direction.
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§ 71.08 Complaints
(a) Only the person who claims to have been injured by a
discriminatory housing practice who
believes he will be irrevocably injured by a discriminatory
housing practice that has occurred or
is occurring (hereinafter referred to as "person aggrieved") may
file a complaint with the
Administrator. Such complaints shall be in writing and shall
identify the person alleged to have
committed or alleged to be committing a discriminatory housing
practice and shall state the facts
upon which the allegations of a discriminatory housing practice
are based. The Administrator
shall prepare complaint forms and furnish them without charge to
any person, upon request.
(b) A copy of all complaints filed with the City shall also be
forwarded to the Fair Housing and
Equal Opportunity Division of the Region VI Office of the
Department of Housing and Urban
Development.
(c) The Administrator shall provide for free administrative
counseling to those complainants who
wish to file a private suit for relief in the local, state, or
federal court.
(d) If at any time the Administrator shall receive or discover
credible evidence and shall have
probable cause to believe that any person or persons have
committed or are committing a
discriminatory housing practice as to which no complaint has
been filed, the Administrator may
prepare and file a complaint upon his own motion and in his own
name and such complaint shall
thereafter be treated in the same manner as a complaint filed by
a person aggrieved.
(e) The Administrator shall receive and accept notification and
referral complaints from the U.S.
Attorney General and the Secretary of Housing and Urban
Development pursuant to the
provisions of Title VIII, Fair Housing Act of 1968, Public Law
90-284, and shall treat such
complaints hereunder in the same manner as complaints filed
pursuant to Paragraph A of this
Section.
(f) All complaints shall be filed within sixty (60) days
following the occurrence of an alleged
discriminatory housing practice. Upon the filing or referral of
any complaint, the Administrator
shall provide notice of the complaint by furnishing a copy of
such complaint to the persons
named therein who allegedly committed or were threatening to
commit an alleged discriminatory
housing practice. The accused may file an answer to the
complaint within fifteen (15) days of
receipt of the written complaint.
(g) All complaints and answers shall be subscribed and sworn to
before an officer authorized to
administer oaths.
§ 71.09 Investigation
(a) Upon the filing or referral of a complaint as herein
provided, the Administrator shall cause to
be made a prompt and full investigation of the matter stated in
the complaint.
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(b) If the Administrator determines that there is not probable
cause to believe that a particular
alleged discriminatory housing practice has been committed, the
Administrator shall take no
further action with respect to that alleged offense.
(c) During or after the investigation, but subsequent to the
mailing of the notice of complaints,
the Administrator shall, if it appears that a discriminatory
housing practice has occurred or is
threatening to occur, attempt by informal endeavors to effect
conciliation, including voluntary
discontinuance of the discriminatory housing practice and
adequate assurance of future voluntary
compliance with the provisions of this chapter. Nothing said or
done in the course of such
informal endeavors may be made public by the Administrator, by
the complainant or by any other
party to the proceedings without the written consent of all
persons concerned.
(d) Upon completion of the investigation and informal endeavors
at conciliation by the
Administrator, but within thirty (30) days of the filing of the
complaint with the Administrator, if
the efforts of the Administrator to secure voluntary compliance
have been unsuccessful, and if
the Administrator has made a determination that a discriminatory
housing practice has in fact
occurred, the Administrator shall recommend to the City Attorney
that such violations be
prosecuted in the Municipal Court. With such recommendations,
the Administrator shall refer his
entire file to the City Attorney. The City Attorney shall,
within thirty (30) days after such referral,
make a determination as to whether to proceed with prosecution
of such complaint in Municipal
Court. If the City Attorney determines to prosecute, he shall
institute a complaint and prosecute
same to conclusion within thirty (30) days after such
determination or as soon thereafter as
practicable.
§ 71.10 Cumulative Legal Effect
This chapter is cumulative in its legal effect and is not in
lieu of any and all other legal remedies
that the person aggrieved may pursue.
§ 71.11 Unlawful Intimidation
It shall be unlawful for any person to harass, threaten, harm,
damage or otherwise penalize any
individual, group or business because he or they have complied
with the provisions of this
chapter, because he or they have exercised his or their rights
under this chapter, or enjoyed the
benefits of this chapter, or because he or they have made a
charge, testified or assisted in any
investigation, or in any proceeding hereunder or have made any
report to the Administrator.
§ 71.12 Cooperation with the Secretary Of Housing And Urban
Development
The Administrator and the City Attorney are authorized to
cooperate with the Secretary of
Housing and Urban Development and the U.S. Attorney General
pursuant to the provisions of
Title VII, Fair Housing Act of 1968, Public Law 90-284, and may
render such service to the
Secretary as they shall deem appropriate to further the policies
of this chapter.
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§ 71.13 Education And Public Information
In order to further the objectives of this chapter, the
Administrator may conduct educational and
public information programs.
§ 71.14 Penalty
Any person, firm, or corporation violating any provision of this
chapter shall be guilty of a
misdemeanor, and upon conviction, shall be fined a sum not to
exceed Two Hundred Dollars
($200.00) for each violation. Each day a violation continues
after passage of seventy-five (75)
days from date of the filing of the initial complaint with the
Administrator shall constitute a
separate and distinct offense.
Any person, firm, or corporation violating any provision of this
chapter may be enjoined by order
of a court of competent jurisdiction, and this remedy is in
addition to any other penalty provision.
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CHAPTER 72: FIRE PREVENTION
Section
Fire Prevention Code
72.20 Adoption of Fire Prevention Code
72.21 Code enforcement
72.22 Definitions
72.23 Conflicts with Code
72.24 Modifications to Code
72.25 Appeals
72.26 Delaying firemen
72.27 Fire lanes
72.28 Obstructing fire station
72.29 Smoking in places of public assemblage
72.30 Destruction of buildings
72.31 Liability of firemen for property damage
72.32 Penalties for violations
Fireworks
72.40 Selling or shooting fireworks prohibited
72.41 Fireworks defined
72.42 Public displays; indemnity bond; storage requirements
72.43 Exemptions
72.44 Enforcement
Arson
72.50 Arson reward
Outdoor Burning
72.60 Burning regulations
Flammable Liquids
72.70 Flammable liquids defined
72.71 Sale of flammable liquid in quantities of five gallons or
less regulated
72.72 Flammable liquids used as motor fuel
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Title VII – General Regulations 17
Fire Prevention Code5
§ 72.20 Adoption of Fire Prevention Code
There is hereby adopted for the purpose of prescribing
regulations governing conditions
hazardous to life and property from fire or explosion that
certain code known as the Fire
Prevention Code, recommended by the American Insurance
Association, being particularly the
1970 edition thereof, save and except such portions as are
hereinafter deleted, modified or
amended. A copy of such code is on file in the office of the
Mayor and the fire marshal and the
same is hereby adopted and incorporated as fully as if set out
at length herein. The provisions of
the Fire Prevention Code shall be controlling and apply to the
repair, equipment, use and
occupancy, and maintenance of every existing building or
structure within the City.
§ 72.21 Code Enforcement
The code hereby adopted shall be enforced by the Fire Marshall.
The Fire Marshall shall be a
certified peace officer.
§ 72.22 Definitions
Whenever the word "applicable governing body" is used in the
code hereby adopted, it shall be
held to mean the City of Overton.
§ 72.23 Conflicts With Code
Whenever the Fire Prevention Code conflicts with any other
provision of this Code of
Ordinances or any other City ordinance, state or federal law,
such code provision, ordinance, or
state or federal law shall be controlling.
§ 72.24 Modifications To Code
The Fire Marshal shall have power to modify any of the
provisions of the Fire Prevention Code
hereby adopted upon application in writing by the owner or
lessee, or his duly authorized agent,
when there are practical difficulties to carrying out the strict
letter of the code, provided that the
spirit of the code shall be observed, public safety secured, and
substantial justice done. The
particulars of such modification when granted or allowed and the
decision of the Fire Marshal
thereon shall be submitted to the City Secretary and a signed
copy shall be furnished the
applicant.
5 State law reference -- Authority to enforce ordinances to
protect health, life and property, V.T.C.A., Local
Government Code, § 54.001. Authority to regulate for the purpose
of fire prevention and protection of persons and
property from fires, V.T.C.A., Local Government Code, Chapter
342, Subchapter A. Authority of city to establish
fire regulations, V.T.C.A., Local Government Code, §§ 342.002 -
342.003.
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Title VII – General Regulations 18
§ 72.25 Appeals
Whenever the Fire Marshal shall disapprove an application or
refuse to grant a permit applied
for, or when it is claimed that the provisions of the code do
not apply or that the true intent and
meaning of the code have been misconstrued or wrongly
interpreted, the applicant may appeal
from the decision of the Fire Marshal to the City Manager then
the City Council within ten (10)
days from the date the permit is refused or a decision is made
regarding the applicability of the
provisions of such code.
§ 72.26 Delaying Firemen
It shall be unlawful for any person to willfully delay or
prevent any fireman from attending any
fire or in any manner hinder any fireman.
§ 72.27 Fire Lanes
It shall be the duty of the Fire Marshall to establish fire
lanes during any fire when in his
judgment it becomes necessary or advisable, and to prohibit
anyone from going within such fire
lanes except as authorized by some member of the fire or police
department, and when such fire
lanes are established it shall be the duty of all other persons
to remain on the outside thereof.
§ 72.28 Obstructing Fire Station
It shall be unlawful for anyone to obstruct in any manner the
access way to and from any fire
station.
§ 72.29 Smoking In Places Of Public Assemblage
It shall be unlawful for any person to smoke in any theater,
church, meeting room, auditorium,
tent, or other place of public assemblage with a capacity of
twenty five (25) or more persons.
§ 72.30 Destruction Of Buildings
The Fire Department may, in the course of attempting to
extinguish a fire, may destroy buildings
deemed hazardous by the Fire Marshall and/or the fire inspector.
Such destruction and the
payment of damages, if any is to be made, shall be done in
accordance with the provisions of
V.T.C.A., Local Government Code, § 342.005.
§ 72.31 Liability of Firemen for Property Damage
No volunteer fireman or volunteer fire department in this state
shall be liable to any person for
any damage done to his property resulting from the volunteer
fireman's or volunteer fire
departments reasonable and necessary action in fighting or
extinguishing any fire on the property.
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Title VII – General Regulations 19
§ 72.32 Penalties for Violations
Any person who shall violate any of the provisions of the code
hereby adopted or fail to comply
therewith, or who shall violate or fail to comply with any order
made thereunder, or who shall
build in violation of any detailed statement of specifications
or plans submitted and approved
thereunder or any certificate or permit issued thereunder and
from which no appeal has been
taken, or who shall fail to comply with such an order as
affirmed or modified by the City Council
or by a court of competent jurisdiction within the time fixed
herein shall severally for each and
every such violation and noncompliance, respectively, be guilty
of a misdemeanor.
Fireworks6
§ 72.40 Selling or Shooting Fireworks Prohibited
It shall be unlawful for any person, firm, or corporation to
manufacture, sell, use, store, or
explode any fireworks within the City of Overton, Texas, except
as provided in § 73.43.
§ 72.41 Fireworks Defined
The term "fireworks" shall mean any combustible or explosive
composition, or any substance or
combination of substances, or device prepared for the purpose of
producing a visible or an
audible effect by combustion, explosion, deflagration or
detonation. "Fireworks- include
firecrackers, sky-rockets, Roman candies, sparklers or other
similar devices.’Fireworks' shall not
include auto flares or paper caps/ and/ toy guns (provided such
caps contain twenty-five
hundredths of a grain of explosive).
§ 72.42 Public Displays; Indemnity Bond; Storage
Requirements
(a) Fireworks as provided in this chapter may be used, shot,
ignited and displayed in open lots or
as a part of the conduct of a play, circus or similar
entertainment by public authorities or by
private persons or organizations that have been granted a permit
for such display by the City
Manager. Applications for permits shall be made in writing at
least 30 days in advance of the
date of the display. Each application for such a permit shall be
referred to the City Fire Marshal
who shall inspect said location. If the Fire Marshal shall
report that the location is
unobjectionable relative to fire hazards and safety, he may
issue said permit upon the receipt of a
permit fee as provided for in the Schedule of Fees found in
Appendix A of this Code. Such
permit may be granted for a period not to exceed six (6) days,
and shall specify the name and
address of the applicant or applicants, or the principal
officers thereof if a corporation or
association; the location where said fireworks are to be used;
the exact time when such fireworks
are to be used and the nature of the occasion; and a list of the
fireworks to be used. A copy of
6 State law reference -- Authority of city to prohibit or
regulate fireworks, V.T.C.A., Local Government Code, §
342.003(a)(8) and § 217.003(c).
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Title VII – General Regulations 20
each permit shall be filed in the office of the City Secretary.
No permit granted hereunder shall
be transferable.
(b) The Mayor shall require an indemnity bond in the sum of five
thousand dollars ($5,000.00)
with good and sufficient sureties for payment of all claims that
may arise by reason of injuries to
persons or property from the handling, use or discharge of
fireworks under such permit. Such
bond will be taken in the name of the City and any person
injured may bring an action on said
bond in his own name to recover any damage sustained to person
or property.
(c) Fireworks to be used under such a permit shall not be
stored, kept, or discharged within three
hundred feet (300') of any gasoline pump, gasoline filling
station or gasoline bulk station, or any
structures other than motor vehicles in which gasoline or other
volatile liquids are kept in
quantities in excess of one (1) gallon.
§ 72.43 Exemptions
(a) This chapter shall not apply to articles used by railroads
or transportation companies nor to
high explosives used for blasting or similar purposes when used
solely for the necessary conduct
of construction, transportation, manufacturing or industry, nor
to the conduct of the affairs of the
army, navy, or militia.
(b) The Overton Volunteer Fire Department is exempt from the
requirements relating to
fireworks.
§ 72.44 Enforcement
The City shall seize, take, remove, or cause to be removed at
the expense of the owner all
fireworks in the possession of a person in violation of this
chapter. (Ordinance adopting Revised
Code of Ordinances, passed March 13, 2001)
Arson
§ 72.50 Arson Reward
The City will pay out of the general fund of the City the sum of
two hundred and fifty dollars
($250.00) as a reward to any person or persons giving
information or otherwise causing the arrest
and conviction of any person or persons found guilty of
committing the crime of arson within the
City limits.
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Title VII – General Regulations 21
Outdoor Burning
§ 72.60 Burning Regulations
(1) Wood, branches, brush, and similar yard waste are suitable
for outdoor burning. Outdoor
burning of other materials, including household items, shall be
a violation of this chapter.
(2) The location of the burning shall be appropriate to insure
the safety or persons and property
and adequate care for fire safety shall be demonstrated.
(3) A burning permit must be received from the City.
(4) No fire should be left unattended after dark.
(5) A person found to be in violation of this chapter shall
receive a warning for the first violation
and a fine not to exceed $250.00 for each additional
violation.
Flammable Liquids7
§ 72.70 Flammable Liquids Defined
For the purposes of this chapter, the term "flammable liquid"
shall have the meaning ascribed to
it in section (202) of the Standard Fire Prevention Code.
§ 72.71 Sale of Flammable Liquid in Quantities of Five Gallons
Or Less Regulated
(a) It shall be unlawful for any person to sell or dispose of
any flammable liquid in a container of
five (5) gallons or less in capacity, unless such container
meets the requirements of this section.
(b) It shall be unlawful for any owner, occupant, or tenant of
any building or structure of any
kind, where people are housed as a home, apartment, boarding
house, or any other type of
occupancy of any kind or character, whether they be housed or
employed therein, to keep any
flammable liquid in, upon, or about such premises in quantities
of five (5) gallons or under,
unless such flammable liquid is kept in a container meeting the
requirements of this section.
(c) The container required by this section shall be an air-tight
container of five (5) gallons
capacity or under, constructed of metal or the equivalent
thereof, other than glass or materials
that are breakable, properly equipped and fitted with a metal
lid or the equivalent thereof, in such
a manner and to the extent that the container will be air-tight
and will not leak, break or erupt, if
dropped or turned over, and the contents will not ignite when
exposed to open flame or ignition,
and so that neither the liquid nor the vapor will escape from it
at ordinary temperatures. Such
7 State law reference -- Municipal authority to regulate
flammable liquids is found in V.T.C.A., Health
& Safety, § 753.006.
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Title VII – General Regulations 22
container shall be so designed and cared for that persons who
are unaware of the danger of
flammable liquids will not have easy access to the contents of
the container and will not be
exposed to the danger of the liquid or its vapor.
§ 72.72 Flammable Liquids Used As Motor Fuel
It shall be unlawful for any person within the corporate limits
of the City to dispense from any
mobile service unit, vehicle tank truck, or other mobile device
any flammable liquid used as
motor fuel, as an act of retail sale, into the fuel tank of any
motor vehicle parked on any off-street
parking facility or into the fuel tank of any motor vehicle
parked on any public street.
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Title VII – General Regulations 23
CHAPTER 73: HEALTH AND SANITATION
Section
Weeds
73.01 Growth limitations
73.02 Certain areas to be kept free and clear
73.03 Duty to cut and remove
73.04 Notice to cut and remove
73.05 Cutting and removal by city
73.06 Penalty for violation
Weeds
§ 73.01 Growth Limitations
It shall be unlawful for any person owning, claiming, occupying
or having supervision or control
of any real property, occupied or unoccupied, or an individual
exercising custody and control
within the City to permit weeds, Johnson grass, brush or any
objectionable or unsightly matter to
grow to a greater height than twelve (12) inches upon any such
real property within one hundred
fifty (150) feet of any property line which abuts street
right-of-ways, alleys, utility easements,
subdivided additions, developed property or any buildings or
other structures.
§ 73.02 Certain Areas to Be Kept Free and Clear
It shall be the duty of any person to keep the area from the
line of his property to the curb line
next adjacent to it, if there be a curb line, and if not, then
within ten (10) feet outside that
property line, free and clear of the matter referred to in §
73.01. All vegetation not regularly
cultivated and which exceeds twelve (12) inches in height shall
be presumed to be objectionable
and unsightly, except that regularly cultivated crops shall not
be allowed to grow within the
right-of-way of any public street or easement but shall be kept
mowed.
§ 73.03 Duty to Cut and Remove
It shall be the duty of any person owning, claiming, occupying
or having supervision or control
of any real property, to cut and remove all such weeds, brush
and other objectionable or unsightly
matter as often as may be necessary; provided that the removing
and cutting same at least once in
every thirty (30) days shall be deemed a compliance with this
article and to use every precaution
to prevent the same growing on such premises so as to become a
nuisance.
§ 73.04 Notice to Cut and Remove
In the event that any person owning, claiming, occupying or
having supervision or control of any
real property occupied or unoccupied within the City, fails to
comply with the provisions of §
93.02 and § 93.03, it shall be the duty of the Mayor to give ten
(10) days' notice in writing to
such person violating the terms of this article, or by letter
addressed to such person, at its post
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Title VII – General Regulations 24
office address or by publication two (2) times within ten (10)
consecutive days in the City's
official newspaper.
§ 73.05 Cutting And Removal by City
If any person fails or refuses to comply with the provisions of
§ 73.02 and § 73.03 within ten (10)
days after date of notification in writing or by letter or date
of second publication of notice in the
City's official newspaper, the City may go upon such property
and do or cause to be done the
work necessary to obtain compliance with this chapter.
The expense incurred in correcting the condition of such
property, and the cost of publishing
notice in the newspaper shall be paid by the City and charged to
the owner of such property. In
the event the owner fails or refuses to pay such expense within
thirty (30) days after the first day
of the month following the one in which the work was done, the
City shall file with the county
clerk a statement of the expenses incurred in correcting the
condition on the property. When such
statement is filed, the City shall have a privileged lien on
such property, second only to tax liens
and liens for street improvements, to secure the payment of the
amount so expended. Such
amount shall bear interest at the rate of ten percent (10%) per
annum from the date the City
incurs the expense. For any such expenditures and interest, suit
may be instituted and recovery
and foreclosure had by the City. The statement of expense filed
with the county clerk or a
certified copy thereof shall be prima facie proof of the amount
expended in such work as
improvement or correction of the property, all as more
particularly specified in Art. 4436,
Vernon's Annotated Texas Civil Statutes, which is hereby
adopted.
§ 73.06 Penalty for Violation
Any person violating any of the provisions of this article shall
be subject to a fine, as prescribed
in § 10.10 of this Code, upon conviction in the municipal court,
and each and every day that the
premises shall remain in a condition in violation of the terms
of this chapter shall constitute a
separate offense. This section shall be in addition to and
cumulative of the provisions for the
abatement of the said nuisance and charging the cost of same
against the owner of the premises
by the City.
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Title VII – General Regulations 25
CHAPTER 74: NUISANCES
Section
Nuisances Generally
74.01 Certain acts constituting nuisances
74.02 Notice to abate; abatement by City upon property owner's
refusal
Unsanitary Conditions on Private Property
74.10 Prohibited conditions designated - stagnant water
74.11 Accumulations of downed timber, trash, etc.
74.12 Abandoned iceboxes or refrigerators
74.13 Impoundment and diversion of water; duty to drain
74.14 Notice to owner to remove or remedy condition
74.15 Removal or correction by City
74.16 Statement of expenses incurred; lien for and collection of
expenses
Noise
74.20 Making of noise detrimental to life or health
prohibited
74.21 Noise interfering with enjoyment of property or public
peace and comfort
74.22 Unreasonably loud, disturbing, and unnecessary noises
74.23 Acts creating unlawful noises
74.24 Use of bell, siren, compression, or exhaust whistle on
vehicles
Nuisances Generally
§ 74.01 Certain Acts Constituting Nuisances
The following shall constitute nuisances when allowed,
maintained or suffered to exist within the
City. The person guilty of causing or permitting a nuisance to
exist shall be fined as provided in
this Code.
(a) Whatever is dangerous to human life or health; whatever
renders the ground, the water, the air
or any food or drink unwholesome and a hazard to human life and
health.
(b) Any building, erection or cellar or any part of such
building or erection or cellar which is
overcrowded, or not provided with adequate means of ingress or
egress or is not sufficiently
supported, ventilated, sewered, drained, cleaned or lighted.
(c) All cellars, vaults, drains, pools, privies, sewers, yards,
ground or premises which have for
any cause become foul, nauseous or offensive or injurious to the
health, or unpleasant to adjacent
residences or to persons passing such premises.
(d) All carcasses, all decaying flesh, fish, fowls, fruit or
vegetables, all deposits of manure, all
flesh of any kind or description whatever, all other unwholesome
substances when thrown upon
or conducted into or upon any street, alley, public ground or
enclosure in such manner as to
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Title VII – General Regulations 26
render such substances unwholesome and offensive or liable to
become unwholesome or
offensive.
(e) All privies that are offensive from use; all markets,
cellars, laundries, stores or other buildings
or places which are not kept clean and free from filthy and
unwholesome substances and odors;
all deposits or substances that are offensive or liable to
engender disease.
(f) Every trade, business or occupation injurious to the health
or comfort of persons who reside in
the vicinity, and any can or receptacle containing water or
slops suffered to become stagnant or
offensive or unwholesome from any cause.
(g) The act of depositing fifth or any foul, offensive, nauseous
or injurious substance upon any
sidewalk, street, alley, public thoroughfare or other public
place.
(h) The act of sweeping or depositing any trash, paper or
rubbish into any street, alley, public
thoroughfare or other public place and allowing the same to
remain in such place longer than
twenty-four (24) hours.
(i) The act of burning any hair, leather, rags or any other
substance of any kind which may cause
or produce an offensive smell, smoke or odor capable of annoying
persons living in the vicinity.
j) The act of defecating or urinating upon the streets, alleys
or public grounds, or in any place that
may be seen from a private residence or by persons passing along
the streets, alleys or public
thoroughfares.
(k) The act of keeping, raising, possession or having in or
about the premises, except within
enclosures, any pigeons with intent to keep, raises or breeds
same.
(1) The act by any person of permitting or allowing any weeds,
filth or rubbish of any kind to
remain on any sidewalk in front of or at the side of any
premises owned by such persons, or in
the street, to the middle thereof, in front or at the side of
any premises owned or controlled by
such person, or upon any alley, that may be at the rear or side
of any lots owned or controlled by
such persons.
(m) The act of hauling, carrying or transporting any meat or
slaughtered or dead animals or fish
for commercial use through the streets of the City without
having the same entirely covered,
screened and protected from dust and public view.
(n) The act of scattering any advertisements, circulars,
handbills, printed or written
announcements or paper of like character upon the streets,
sidewalks, alleys or within the public
buildings or grounds within the City.
(o) The act of the owner or possessor of any animal which may
die in failing to have the carcass
of the same properly disposed of by burial or cremation within
twelve hours after death of the
animal.
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Title VII – General Regulations 27
(p) The act of throwing from any opening in, or carrying from,
any dwelling or place of abode,
any night soil, feces, urine or filthy or unclean water into or
upon any alley, street or sidewalk or
into or upon any adjacent property not owned by the
principal.
(q) The act of conducting or causing to be conducted into any
alley or gutter of wastewater from
any sink or tank or any source of water supply which may produce
any pool of stagnant water in
the alley or gutter.
(r) The act of dumping upon and removing from any sidewalk,
street or alley any coal or like
material in a dry state, in such manner that annoying or
offensive dust is generated from such
material, or the act of leaving coal dust or like material upon
any sidewalk, street or alley at or
near the place where such coal or material was deposited or from
which it was removed.
(s) Any article or substance placed upon any street, sidewalk,
alley, gutter, and drain or public
ground except such articles as are permitted by this Code or
other ordinances of this City, in such
manner as to obstruct such passageway.
(t) The act of throwing any glass, tin, queen's ware, crockery,
or other rubbish into or upon the
sidewalks, streets, alleys, public thoroughfares, common drains
or gutter.
(u) The act of keeping, feeding, raising or breeding of
hogs.
(v) The act of allowing any privy to become dilapidated or out
of repair so that any person
within, or the contents thereof may be exposed to view; the act
of constructing or keeping on the
premises any privy, the contents whereof are exposed to view, or
can be seen from the street or
public places; the act of discharging or causing to be
discharged into any street alley, public
thoroughfare or other public places or upon premises belonging
to any other person the contents
of such privy.
(w) Any nauseous, foul or putrid liquids or substances likely to
be nauseous, foul, offensive or
putrid, discharged, placed, thrown or conducted into or upon any
street, alley, public ground or
common.
(x) The act of wrongfully casting, throwing or depositing any
filth, substance or thing into any
private or public well or cistern.
(y) The act of erecting or maintaining buildings or structures
with roofs or eaves projecting
beyond the property line or shedding water upon any property
other than that belonging to the
owner of such erection or building.
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Title VII – General Regulations 28
§ 74.02 Notice to Abate; Abatement by City upon Property Ownees
Refusal
In the event a property owner shall fail or refuse to comply
with any of the provisions of this
chapter within ten (10) days after notice to do so, the City may
do such work or cause the same to
be done and nuisance to be abated and pay therefor, and charge
the expenses in doing or having
such work done, or improvement made, to the owners of the
property, whereupon such charge
shall be a personal liability of such owner to the City. Such
notice may be in writing served upon
such owner in person by an officer or employee of the City, or
may be by letter addressed to such
owner at his post office address, or if personal service may not
be had as aforesaid, or the owner's
address is not know, the notice may be given by publishing a
brief summary of the order as many
as two (2) times within ten (10) consecutive days in some
newspaper of general circulation in the
City addressed, "Sanitary Improvements" "TO WHOM IT MAY
CONCERN", and such
publication shall be deemed sufficient notice.
Unsanitary Conditions on Private Property
§ 74.10 Prohibited Conditions Designated - Stagnant Water
(a) It shall be unlawful for any person, who shall own or occupy
any lot in the City, or who is
exercising custody and control of such a lot to permit or allow
holes or places on such lot where
water may accumulate and become stagnant or to permit same to
remain thereon.
(b) It shall be unlawful for any person, who shall own or occupy
any lot in the City, to permit or
allow the accumulation of stagnant water thereon, or to permit
the same to remain thereon.
§ 74.11 Accumulations of Downed Timber, Trash, Etc.
It shall be unlawful for any person, who shall own or occupy, or
who is exercising custody and
control of any house, building, establishment, lot or yard in
the City, to permit or allow any
downed timber or brush, fin cans, old clothes, sacks, or any
trash or rubbish, carrion, filth or
other impure or unwholesome matter to accumulate or remain
thereon.
§ 74.12 Abandoned Iceboxes or Refrigerators
It shall be unlawful for any person to place, or permit to
remain outside of any dwelling, building
or other structure, or within any garage, barn, outbuilding,
warehouse, storage room or any
unoccupied or abandoned dwelling, building, porch, yard, lot or
any other portion of any
premises under such circumstances as would be accessible to
children or where children at play
may come upon such icebox or refrigerator and be attracted to
it, unless the door has been
removed from such icebox or refrigerator or unless the latch or
lock holding each door shut is
dismantled or removed so that the door may be open from within
by simply pushing on it.
Jamming or obstructing the lock or latch will not be in
compliance herewith, but the same must
be removed or dismantled so that accidental latching or locking
is impossible.
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Title VII – General Regulations 29
The abandonment or dangerous exposure of any icebox or
refrigerator with its door or doors in
normal latching or locking condition is hereby declared to be a
public nuisance and a serious
menace to life because of the danger of children entering such
an icebox or refrigerator and
becoming locked therein and suffocating.
The duties of this section are imposed alike on the owner of the
icebox or refrigerator and the
owner or occupant of the premises where the icebox or
refrigerator is located.
§ 74.13 Impoundment And Diversion of Water; Duty to Drain
(a) It shall be unlawful for any person to construct, maintain,
possess or permit the use of any
embankment, dump, building or other obstruction or impediment
within the City, which causes
either directly or indirectly a diversion of any surface water,
or water in creeks, streams and
drains, from their natural course or the impounding of any water
on any of the streets, alleys or
other thoroughfares of the City, or on any privately owned
property. Such construction,
maintenance, possession or use of such embankment, building,
structure, or other such
impediment, is hereby declared to be a nuisance per se, subject
to redress and abatement by any
person, including the City, either in law or in equity, for any
damage caused thereby or for the
abatement of same as such nuisance.
(b) It shall be the duty of all persons owning or using property
of any kind or character within the
City to construct, provide and maintain adequate cut-outs,
sluices, drain-boxes and storm sewers
through, over and under their property when necessary to insure,
and in such manner as to permit,
the natural passage, drainage and flow of all surface waters and
the water flowing through and in
creeks, branches, streams and drains, and prevent the impounding
of surface waters on the said
streets, alleys and other thoroughfares of said City, and on
privately owned property within the
City, and to alter, change and repair such facilities as and
when new and changed conditions may
arise, in such manner as at all times to insure such results.
Failure to do so shall constitute
negligence per se in any suit by any property owner of the City
filed either in law or in equity for
damages or for the abatement of such condition.
§ 74.14 Notice to Owner to Remove or Remedy Condition
Whenever any condition described in this article is found to
exist upon any lot or premises in the
City, the City Manager shall notify the owner of such lot or
premises to remove or remedy the
condition within ten (10) days after the date of such notice.
Such notice shall be in writing and
served on the owner in person or mailed to him at his latest
known address. In the event that
personal service cannot be had and the owner's address is not
known, such notice shall be given
by publication in a newspaper of general circulation in the
City, at least twice within ten (10)
consecutive days.
§ 74.15 Removal Or Correction by City
In the event the owner of any lot or premises fails to remove or
remedy any condition described
in §§ 74.10 - 74.13 within ten (10) days after notice has been
given as provided in § 74.14, the
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City may do whatever is necessary to remove or remedy the
condition, or cause the same to be
done, and charge the expenses incurred thereby to the owner of
such lot or premises and such
expenses shall be assessed against the real estate upon which
the work was done. The doing of
such work and the charging and assessing of the expenses thereof
against the owner shall not
relieve the owner or occupant of any such prosecution for
violation of this article.
§ 74.16 Statement of Expenses Incurred; Lion for and Collection
of Expenses
The City Manager shall file a statement of expenses incurred
under § 74.15 giving the amount of
such expenses, and the date on which the work was done or
improvements made, with the county
clerk, and the City shall have a privileged lien on such lot or
real estate upon which the work was
done or improvements made to secure the expenditures so made in
accordance with Article 4436,
Revised Civil Statutes of Texas, or appropriate statute related
thereto, which lien shall be second
only to tax liens and liens for street improvements. The amount
of such expense shall bear ten
percent (10%) interest from the date such statement is filed.
For any such expenditures and
interest, suit may be instituted and recovery and foreclosure of
such lien may be had in the name
of the City, and the statement of expenses so made, or a
certified copy thereof, shall be prima
facie proof of the amount expended for such work or
improvements.
Noise
§ 74.20 Making Of Noise Detrimental To Life or Health
Prohibited
It shall be unlawful for any person to make, or cause to be
made, noise of such character,
intensity and duration as to be detrimental to life or health of
an individual in the City.
§ 74.21 Noise Interfering With Enjoyment of Property or Public
Peace and Comfort
It shall be unlawful for any person to make or cause to be made
any unreasonably loud,
disturbing and unnecessary noise in the City which is offensive
to the ordinary sensibilities of the
inhabitants of the City, which noise renders the enjoyment of
life or property uncomfortable or
interferes with public peace and comfort.
§ 74.22 Unreasonably Loud, Disturbing, and Unnecessary
Noises
It shall be unlawful for any person to make or cause to be made
any unreasonably loud,
disturbing and unnecessary noise in the City. In this
connection, bells and music boxes used on
vehicles of ice cream vendors and similar vendors to attract
children as patrons are exempt from
the operation of this chapter; except that when used the bells
and music boxes are not operated so
loudly as to be offensive to the ordinary sensibilities of the
inhabitants of the City and interfere
with public peace and comfort or make the enjoyment of life or
property uncomfortable.
]
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Title VII – General Regulations 31
§ 74.23 Acts Creating Unlawful Noises
The following acts, among others, are declared to create loud,
disturbing and unnecessary noises,
in violation of this chapter, but such enumeration shall not be
deemed to be exclusive:
(a) The sounding of any horn or signal device on any automobile,
motorcycle, bus or other
vehicle, while in motion, except as a danger signal, as may be
required by state law, if another
vehicle is backing, starting or turning in such a way as likely
to cause a collision.
(b) The playing of any radio, CD, cassette, or musical
instrument in such a manner, or with such
volume as to disturb the peace, quiet, comfort or repose of
persons within 100 feet.
(c) The keeping of any animal or fowl which emits or makes an
unreasonably loud, disturbing
and unnecessary noise.
(d) The use of any automobile, motorcycle or other vehicle so
out of repair, or so loaded, which
emits or creates loud or unnecessary grating, grinding or
raffling noise.
(e) The blowing of any steam whistle attached to any stationary
boiler, except to give notice of
time to begin or stop work, or as a warning of danger.
(f) The discharge into the open air of the exhaust from any
stationary steam engine or stationary
internal combustion engine, except through a muffler or other
device which will effectively and
efficiently prevent bus or unusual noises, annoying smoke and
the escape of gas or steam.
(g) The discharge into the open air of the exhaust from any
motor vehicle except through a
muffler, or other device, which will effectively and efficiently
prevent loud and unusual noises
and annoying smoke.
(h) The erection, including excavation, demolition, alteration
or repair of any building in a
residential district, other than between the hours of 7:00 A.M.
and 6:00 P.M. on week days,
except in the case of urgent necessity in the interest of public
safety, for which a permit shall be
obtained from the City secretary.
(i) The creating of any unreasonably loud, disturbing and
unnecessary noise on any street
adjacent to any school, or court, which is in session, or
adjacent to any hospital; provided, that
conspicuous signs are located in such streets indicating that
schools, hospitals and courts are
adjacent thereto.
(j) The creation of unreasonable, loud, disturbing and
unnecessary noise on any street. adjacent to
any school, or court, which is in session, or adjacent to
loading and unloading of any vehicle, or
the opening and destruction of bales, boxes, crates and
containers, or the sounding of any bell or
gong attached to any building located on the premises which
disturbs the quite or repose of
persons occupying adjoining property or those occupying property
across any street or alley and
within two hundred feet radius.
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Title VII – General Regulations 32
(k) The shouting and crying of peddlers, hawkers and vendors
which disturbs the quiet and peace
of the neighborhood.
(l) The use of any drum, loudspeaker or other instrument or
device for the purpose of attracting
attention by the creation of noise to any performance, show,
sale or display of merchandise as to
attract customers to any place of business.
(m) The use of mechanical loudspeaker or amplifiers on trucks or
other moving vehicles for the
purpose of advertising any show, sale or display of merchandise,
or any other purpose.
§ 74.24 Use of Bell, Siren, Compression, or Exhaust Whistle on
Vehicles
It shall be unlawful for any vehicle to be equipped with, or for
any person to use upon a vehicle,
any bell, siren, compression or exhaust whistle; except, that
vehicles operated in the performance
of duty by law enforcement officers, fire departments and
ambulances may attach and use a bell,
siren, compression or exhaust whistle.
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Title VII – General Regulations 33
CHAPTER 75: JUNKED AND ABANDONED PROPERTY
Section
75.01 Definitions
Junked Vehicles
75.10 Presence of junked vehicles deemed public nuisance;
exception
75.11 Abatement order, private property
75.12 Abatement order, public property
75.13 Public hearing
75.14 Filing complaint
75.15 Trial
75.16 Removal of junked vehicle with permission
75.17 Removal from unoccupied premises
75.18 Notice to SDHPT required
Abandoned Motor Vehicles and Other Property
75.20 Declaration of nuisance; duty to impound
75.21 Lien on impounded property
75.22 Redemption
75.23 Sale of property
75.24 Records; fees
General Provisions
75.30 State law applicable
75.31 Penalty
75.32 Relationship to other regulations
§ 75.01 Definitions
Whenever the following terms are used in this chapter they shall
have the meaning respectively
ascribed to them as follows:
Abandoned Motor Vehicle means any motor vehicle which:
(1) is inoperable and more than eight (8) years old and left
unattended on public property for
more than forty-eight (48) hours; or
(2) Has remained illegally on public property for a period of
more than forty eight (48) hours; or
(3) Has remained on private property without the consent of the
owner or person in control of the
property for more than forty-eight (48) hours; or
(4) Is left unattended on a right-of-way of any designated
county, state, federal highway, or any
street, alley, or public right-of-way within the City for more
than forty eight (48) hours.
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Title VII – General Regulations 34
Antique Auto means a passenger car or truck that was
manufactured in 1925 or before or a
passenger car or truck that is at least thirty-five (35) years
old.
Collector means the owner of one or more antique or special
interest vehicles, who collects,
purchases, acquires, trades, or disposes of special interest or
antique vehicles or parts of them for
personal use in order to restore, preserve, and maintain an
antique or special interest vehicle for
historic interest.
Demolisher means any person whose business is to convert a motor
vehicle into processed scrap
or scrap metal, or otherwise to wreck or dismantle motor
vehicles.
Garagekeeper means an owner or operator of a parking place or
establishment, motor vehicle
storage facility, or establishment for the servicing, repair, or
maintenance of a motor vehicle.
In Ordinary Public View means that the vehicle or part thereof
or the tarp or cover thereon is
visible from any public right-of-way, or adjacent land, or the
first floor level of a building
thereon which is owned or occupied by a person other than the
owner or occupant of the property
on which the junked vehicle or part thereof is located or
parked.
Junked Vehicle means any motor vehicle as defined in Section 1
of Article 670ld-11, Vernon's
Texas Civil Statutes, as amended, which:
(1) is inoperative; and
(2) Does not have lawfully affixed to it either an unexpired
license plate or a valid motor vehicle
safety inspection certificate; and is wrecked, dismantled,
partially dismantled, or discarded, or
that remains inoperable for a continuous period of more than
forty five (45) days. Evidence that a
vehicle in public view has not been driven under its own power
for a period of forty five (45)
days or more shall constitute prima facie evidence that said
vehicle was inoperative for the same
period.
Motor Vehicle means a motor vehicle subject to registration
under the Certificate of Title Act
(V.T.C.S., Art. 66871), except that for purposes of Sections
5.02, 5.03, and 5.04 of this Act,
"motor vehicle" includes a motorboat, outboard motor, or vessel
subject to registration under
V.T.C.A., Parks and Wildlife Code, Chapter 31.
Person means any individual, firm, partnership, association,
corporation, company, or
organization of any kind.
Special Interest Vehicle means a motor vehicle of any age that
has not been altered or modified
from original manufacturer's specifications and, because of its
historic interest, is being preserved
by hobbyists.
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Title VII – General Regulations 35
Storage Facility means a garage, parking lot, or any type of
facility or establishment for the
servicing, repairing, storing, or parking of motor vehicles.
(Ord. No. 90-06, Sec. 1, passed 6-28-90, as amended by Ordinance
adopting Revised Code of
Ordinances, passed January 9, 2001)
Junked Vehicles8
§ 75.10 Presence of Junked Vehicles Doomed Public Nuisance;
Exception
The location or presence of any junked motor vehicle or vehicles
on any private or public
property, occupied or unoccupied, improved or unimproved, within
the City shall be deemed a
public nuisance. It shall be unlawful for any person to cause or
maintain such public nuisance by
wrecking, dismantling, partially dismantling, rendering
inoperable, abandoning, or discarding any
motor vehicle on the real property of another or to suffer,
permit, or allow the same to be placed,
located, maintained, or exist upon his own real property. This
section shall not apply to:
(1) A vehicle or part thereof which is completely enclosed
within a building in a lawful manner
where it is not visible from the street or other public or
private property;
(2) A vehicle or part thereof which is stored or parked in a
lawful manner on private property in
connection with the business of a licensed vehicle dealer or a
junkyard;
(3) A vehicle in an appropriate storage place or depository
maintained in a location officially
designated and in a manner approved by the City;
(4) A motor vehicle in operable conditions specifically
constructed for racing or operation on
privately owned drag strips or race strips;
(5) An unlicensed, inoperable antique or special interest
vehicle stored on property, provided that
the vehicle and outdoor storage area are maintained so that they
do not constitute a health hazard
and are screened from ordinary public view by means of a fence,
rapidly growing trees,
shrubbery, or other appropriate means; or
(6) A motor vehicle stored as the property of a member of the
armed forces of the United States
while on active duty assignment.
§ 75.11 Abatement Order, Private Property
(a) Whenever such public nuisance as described in § 95.10 exists
on private property within the
City, the Chief of Police or other designated official enforcing
this chapter shall order the owner
of the premises, or the occupant of the premises if in
possession thereof, to abate or remove the
same. Such order shall:
8 State law reference -- Authority of City to adopt procedures
for the abatement and removal of junked vehicles, V.A.C.S., Art.
4477-9a, Sec. 5.01 - Sec. 5.11.
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Title VII – General Regulations 36
(1) Be in writing;
(2) specify the public nuisance and its location;
(3) Specify the corrective measure required;
(4) Provide for compliance within ten (10) days from service
thereof; and
(5) Inform the owner or occupant of his right to a hearing
before the City Council if notice of a
demand for hearing is given in writing within ten (10) days of
the issuance of the order.
(b) Such order shall be served upon the owner or occupant of the
premises wherein the nuisance
is located, by sending said order by certified United States
mail with a five-day return receipt
requested to:
(1) The address of the premises, and
(2) The address listed on the certificate of title of the
offending vehicle, and
(3) The address of any lien holder.
(c) If the owner or the occupant of the premises fails and
refuses to comply with the notice
stating the order of the Chief of Police or his duly authorized
agent within ten (10) days after
service thereof, the Chief of Police or his duly authorized
agent shall take possession of said
junked motor vehicle and remove it from the premises.
(d) If the notice is returned undelivered by the United States
Postal Service, official action to
abate said nuisance shall be continued to a date not less than
ten (10) days from the date of such
return.
(e) The Chief of Police or his duly authorized agent shall
thereafter dispose of said junked motor
vehicle in such a manner as the City Council may provide.
(f) The owner or occupant of said premises may, within said ten
(10) day period after service of
notice to abate the nuisance, request of the Chief of Police,
either in person or writing and
without the requirement of bond, that a date and time be set
when he may appear before the
municipal judge for a hearing to determine whether he is in
violation of this chapter.
(g) If a request is made under the provisions of subsection (I)
above, no action to remove said
vehicle shall be taken pending the hearing.
(h) Any such vehicle, after ten (10) days of being in the
possession of the City, shall begin to
invoke a fine of $200/day if the owner has not contacted the
City and made plans to remove the
vehicle.
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Title VII – General Regulations 37
§ 75.12 Abatement Order, Public Property
(a) Whenever such public nuisance as described in § 75.10 exists
on public property within the
City, the Chief of Police or other designated official enforcing
this chapter shall order the owner
of the premises, or the occupant of the premises if in
possession thereof, to abate or remove the
same, Such order shall:
(1) Be in writing;
(2) specify the public nuisance and its location;
(3) Specify the corrective measure required;
(4) Provide for compliance within ten (10) days from service
thereof; and
(5) Inform the owner or occupant of his right to a hearing
before the City Council if notice of a
demand for hearing is given in writing within ten (10) days of
the issuance of the order.
(b) Such order shall be served upon the owner of the vehicle and
any lien holder of record thereof
by sending said order by certified United States mail with a
five day return receipt requested to
the address listed on the certificate of title of the offending
vehicle, and the address of any lien
holder.
(c) If the owner of the offending vehicle fails and refuses to
comply with the notice stating the
order of the Chief of Police or his duly authorized agent within
ten (10) days after service
thereof, the Chief of Police or his duly authorized agent shall
take possession of said junked
motor vehicle and remove it from the premises.
(d) If the notice is returned undelivered by the United States
Postal Service, official action to
abate said nuisance shall be continued to a date not less than
ten (10) days from the date of such
return.
(e) The Chief of Police or his duly authorized agent shall
thereafter dispose of said junked motor
vehicle in such a manner as the City Council may provide.
(f) The owner of said vehicle may, within said ten (10) day
period after service of notice to abate
the nuisance, request of the Chief of Police, either in person
or writing and without the
requirement of bond, that a date and time be set when he may
appear before the municipal judge
for a hearing to determine whether he is in violation of this
chapter.
(g) If a request is made under the provisions of subsection (f)
above, no action to remove said
vehicle shall be taken pending the hearing.
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Title VII – General Regulations 38
(h) Nothing in this section shall affect laws that permit
immediate removal of a vehicle left on
public property which constitutes an obstruction to traffic.
§ 75.13 Public Hearing
(a) Upon receipt of a request for a hearing made pursuant to §
75.11(f) and § 75.12(f), the Chief
of Police or his duly authorized agent shall set a date and time
for such hearing before the
municipal judge. The Chief of Police or his duly authorized
agent shall notify the owner of the
vehicle or the owner or occupant of the premises, as the case
may be, in writing as to the date and
time of such hearing.
(b) The municip